# C_2009220EN.01001002.xml

| 12.9.2009 | EN | Official Journal of the European Union | C 220/10 |
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12.9.2009

EN

Official Journal of the European Union

C 220/10

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Judgment of the Court (Second Chamber) of 16 July 2009 — Commission of the European Communities v Republic of Poland

(Case C-165/08) (1)

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(Genetically modified organisms - Seed - Prohibition on placing on the market - Prohibition on inclusion in the national catalogue of varieties - Directives 2001/18/EC and 2002/53/EC - Reliance on ethical and religious grounds - Burden of proof)

2009/C 220/16

Language of the case: Polish

Parties

Parties

Applicant: Commission of the European Communities (represented by: B. Doherty and A. Szmytkowska, acting as Agents)

Applicant:

Defendant: Republic of Poland (represented by: M. Dowgielewicz, acting as Agent)

Defendant:

Re:

Re:

Failure of a Member State to fulfil obligations — Infringement of Articles 22 and 23 of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC (OJ 2001 L 106, p. 1) and of Articles 4(4) and 16 of Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (OJ 2002 L 193, p. 1) — National legislation prohibiting the marketing of seed derived from genetically modified varieties and the registration of such varieties in the national catalogue of varieties

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Declares that, by prohibiting the free circulation of genetically modified seed varieties and the inclusion of genetically modified varieties in the national catalogue of varieties, the Republic of Poland has failed to fulfil its obligations under Articles 22 and 23 of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC, and under Articles 4(4) and 16 of Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species. |
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1.

Declares that, by prohibiting the free circulation of genetically modified seed varieties and the inclusion of genetically modified varieties in the national catalogue of varieties, the Republic of Poland has failed to fulfil its obligations under Articles 22 and 23 of Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on the deliberate release into the environment of genetically modified organisms and repealing Council Directive 90/220/EEC, and under Articles 4(4) and 16 of Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species.

| 2. | Dismisses the action as to the remainder. |
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2.

Dismisses the action as to the remainder.

| 3. | Orders the Republic of Poland to bear its own costs and to pay two-thirds of the costs incurred by the Commission. |
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3.

Orders the Republic of Poland to bear its own costs and to pay two-thirds of the costs incurred by the Commission.

| 4. | Orders the Commission to bear one-third of its own costs. |
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4.

Orders the Commission to bear one-third of its own costs.

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(1)  OJ C 183, 19.7.2008.

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